Two trademark questions regarding publishing

[LP022123]

NJ

Would referencing video games, anime, or their creators within a novel be acceptable within a legal perspective? They would be given full credit for their work and would be discussed in a positive light. The ideas based off of them would be sourced from the author's personal experiences with that media.


For example.. if an author made a reference to the game 'Metal Gear Solid' and stated that its creator was Hideo Kojima. The author then discussed how that game affected his/her life.


Also.. if a story were to be written that incorporated fictional characters from another work within a completely different plotline.. would that be permissable?


For example.. making a reference to Beatrice from Dante's Divine Comedy as a form of comparison to an original character. Or mentioning a heroin from another story and using her in an original storyline.

Thank you for any help you could provide.

 

[divgradcurl]

The first is generally permissible. The second would depend on the state of any trademark or copyright protections in the original material. If the characters were covered by a valid trademark or copyright, then you would almost certainly need permission from the rights holder in order to create your derivative work.

 

[LP022123]

Thank you for your response.

I'm curious though, what if I made an indirect reference? For example the calling the character 'Jill Valentine' from the Resident Evil franchise simply 'Ms. Valentine' in an original story. The reader could make the connection for themselves.

 

[divgradcurl]

Thank you for your response.

I'm curious though, what if I made an indirect reference? For example the calling the character 'Jill Valentine' from the Resident Evil franchise simply 'Ms. Valentine' in an original story. The reader could make the connection for themselves.

There is no way to answer this question out of context, and, in any event, there is no "bright line" rule that you can point to to determine if something is okay or isn't okay. Generally speaking, the easier it is for a reader of your work to identify it as related to, or derivative of, and existing work, the higher the likelihood that you would need a license for your work from the original rights holder.